These online terms and conditions ("Terms and Conditions") are made between TbentCall llc, a Florida corporation with its registered office at 5105 N. ARMENIA AVE. TAMPA, FL 33603 ("TbentCall") and Customer (as defined below), together with any and all applicable orders, purchases, attachments and/or schedules (each as defined below) (collectively, the "Agreement"), constitutes a binding agreement between TbentCall and Customer, and Sets out the terms and conditions under which Customer may access and/or use the Site and Services.

When subscribing to or otherwise using any Service, by clicking "I have read and agree to the Terms and Conditions", Customer:

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(i) Acknowledge that they have read, agreed to and will abide by this Agreement;

(ii) warrants and represents that: (a) its representatives are at least eighteen (18) years of age or the applicable legal age of majority to enter into binding agreements; (b) it has the authority to represent a corporation, corporation, governmental organization or other legal entity The right, power and authority to enter into this Agreement and to bind the Organization to these Terms and Conditions. ​

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Please read this Agreement carefully to make sure you understand each term. Customer acknowledges that they have read this Agreement, understand it, and agree to be bound by its terms and conditions. If Customer does not agree to these Terms and Conditions, Customer is not authorized to use the Services.

1. Definition

"Affiliate" means any entity from time to time that directly or indirectly controls, is controlled by, or is under common control with the Principal Entity. Control means ownership of more than 50% of the equity, ownership or voting rights of the respective entity.

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"Billing Tab" means the portion of Customer's Account where Customer can find various information related to their plan and the Services used, such as billing information, credit amounts, etc. ​

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"Customer Account" means the numbered account established by BentCall associated with Customer and the Services provided to Customer under this Agreement.

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"Customer account information" means business contact information related to the account; service usage records; configuration data; and customer call data records.

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"Administrator" means a person 18 years of age or older in a Customer organization recognized by the TbentCall System, who is vested with specific rights in connection with the Services, who is responsible for the management and administration of the Customer's account and who has access to its additional specific features.

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“TbentCall Number” means the telephone number provided by TbentCall to Customer.

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“TbentCall Dashboard” means the online portal through which the Administrator controls settings, can select Customer plans and any other services, and monitor account usage.

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"Confidential Information" means any proprietary and confidential information disclosed by one party (the "Disclosing Party") to the other party (the "Recipient") during and during the term of the Agreement.

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"Client" means the individual, if the individual accepts this Agreement on his or her own behalf; or, if the individual accepts this Agreement on behalf of the company or other legal entity, the company or other legal entity on whose behalf the individual accepts this Agreement, and the Any affiliate of a company or other legal entity that has entered into a purchase and/or order.

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"Customer Data" means data from Customer's calls, faxes, messages, voicemails, recordings, shared files, meetings, call metadata, configuration data or other communications transmitted or stored through the Services.

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“Effective Date” means the date Customer first subscribes to any Service or the date Customer executes an order.

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"Fees" collectively means the fixed fee, usage fee, and any and all other applicable fees and charges associated with the Services. Fees may be expressed in US dollars or Euros (subject to availability).

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"Intellectual Property" means all intellectual property and technology, regardless of form, including, but not limited to: (a) original published and unpublished works; (b) inventions and discoveries, including, but not limited to, business methods, compositions of matter, Methods and processes and new uses of any of the foregoing items; (c) words, names, symbols, patterns, designs and other names and combinations of the foregoing items used to identify or distinguish an enterprise, commodity, group, product or service or to indicate a certain form of authentication; (d) information, whether tangible or intangible, that is not generally known or cannot be easily ascertained by appropriate means; (e) computer programs, operating systems, applications, firmware and other code, including all Source code, object code, application programming interfaces, data files, databases, protocols, specifications and other documentation.

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"Law" means any and all laws, statutes, regulations, rules, ordinances, administrative guidelines, treaties, conventions and/or court or administrative orders of any governing body having jurisdiction over the Services, the Customer and/or the Customer's rights or ruling. Use the Services.

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"Order" means the document that may be entered into from time to time between Customer and TbentCall to offset certain charges, the Plan selected, the terms of the Order and other material terms related to this Agreement and executed by Customer.

"Order Terms" means the terms set out in the Order.

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"Plan" means any subscription plan offered to Customer whose features are listed on the Website and which Customer may select by purchasing or executing an order, including a TbentCall number (if applicable). For the avoidance of doubt, a free trial shall also be considered a Program.

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"Plan Term" refers collectively to the Plan Initial Term and the Plan Renewal Term.

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"Purchase" means an order for certain TbentCall services, including a plan and a TbentCall number, placed through the TbentCall Dashboard or Website.

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"Representatives" means a party's affiliates and its employees, officers, directors, agents or other representatives.

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“Services” means any and all services provided by TbentCall from time to time to Customer pursuant to an order or purchase and/or provided by TbentCall pursuant to this Agreement.

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"Site" means the website www.TbentCall.xyz.

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"User" means an employee, consultant, contractor or any person using the Services through a Customer Account without any specific administrative or administrative rights.

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2. TbentCall service description

TbentCall operates and provides online-based telephony solutions and services, including call processing and integration with various third-party applications that are not affiliated with TbentCall ("Integrations"). A non-exhaustive description of the TbentCall phone system is provided on the website. TbentCall is not a "dial tone" provider, its Service is not a substitute for any telephone line (whether wired, wireless, or Internet-based), and select numbers and/or certain services may not be accessible through the Service. Customer acknowledges and agrees that the Services do not support any emergency calls to hospitals, law enforcement agencies, health care units of any kind, or emergency services of any kind (collectively, "Emergency Services") or premium, fee-based or special services. Any type, may need to be obtained/granted from local telephone service provider. Additionally, Customer acknowledges and agrees that: (i) TbentCall is not required to provide access to any emergency services under any applicable law, and (ii) Customer is responsible for informing Users and Administrators that access to and/or calling emergency services is necessary. Unable to use service access.

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Before subscribing, customers must ensure that their phone/Internet service provider or network administrator allows making and receiving calls directly from the Chrome browser (at least version 58), the mobile app, or any SIP phone. Otherwise, the service will not be available.

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In order to receive quality service, customers are responsible for ensuring that:

They have high-quality internet connections with actual speeds of 100 kbps per channel;

Voice stream data takes precedence over network streams;

The use of access equipment respects the integrity of SIP messages;

The response time between the client device and the TbentCall system should not exceed 150 milliseconds;

Flow to TCP 443, 1443, 2443 and 5060 and UDP 16384-32768 ports open;

Codecs used in order of preference: OPUS, Speex, G711 (PCMA, PCMU). ​

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3. Quality, Maintenance and Accessibility

3.1 General Terms. These services are designed to be provided with minimal disruption outside of scheduled maintenance hours. BentCall may modify, enhance and/or replace functionality of the Service from time to time, with or without notice or posting on the Site, so long as the critical functionality, features and/or security of the Service are not materially reduced during use. Term (as defined below) without Customer’s prior written approval. If such modifications, enhancements or replacements are required by applicable law, Customer's prior written approval will not be required.

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3.2 Equipment requirements. Customer acknowledges and agrees that standard operation of the Service is dependent on Customer maintaining adequate access to the Internet, adequate power supply, and using the correct equipment configuration. Customer also acknowledges and agrees that many factors beyond TbentCall's control may affect the quality of Customer's communications and access to and/or use of the Services, including, but not limited to: Customer's local network, public Internet lines, the public switched telephone network, Customer's Internet service provider and/or local network hardware. Tb shall not be liable for any disruption, interruption or delay caused by any failure of these items or any other items beyond the control of TBentCall disclaims all liability.

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3.3 Accessibility functions. Customer, Users and/or Administrators (or TbentCall at Customer's request) will select a unique password and username (collectively, "Login Details") for each User or Administrator. Customer acknowledges and agrees that Customer is prohibited from sharing login details with any third party. Customer will be responsible for the confidentiality and use of login details. Customer is also responsible for all electronic communications, including communications that contain business information, account registrations, account holder information, financial information, customer data, and all other data entered electronically through the Services. Any and all electronic communications transmitted through Customer's account will be deemed to have been sent by Customer. TbentCall may terminate any Services and/or this Agreement if TbentCall, in its sole discretion, believes that Customer has breached the obligations contained in this Section 3.3. TbentCall is not responsible for any security breach resulting from the Customer's failure to maintain the confidentiality and security of any login details. Customer agrees to notify TbentCall immediately if any or all login details are lost, stolen or compromised if Customer believes that the confidentiality or security of any or all login details has been compromised in any way, or if Customer understands that any or actual unauthorized access to and/or use of the Site and/or Services. To the extent permitted by law, Customer will be responsible for any and all expenses, damages, losses and costs, including reporting costs, notification costs, recovery and remediation of data security system issues, royalties and fines, fees, civil judgments, and costs resulting from Reasonable attorneys’ fees arising out of Customer’s failure to protect Customer’s login details and information and data as set forth herein.

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3.4 Maintenance. TbentCall may need to suspend access to and/or use of the Services and/or Website in order to conduct maintenance, upgrade and improvement operations on the Services and/or Website, including in the event of an emergency. TbentCall will endeavor to notify the Customer in advance where practicable and, where possible, carry out such maintenance outside normal working hours.

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4. Intellectual Property Rights

4.1 Limited License. Subject to Customer's continued and full compliance with all terms and conditions of this Agreement, TbentCall grants to Customer and its Users and Administrators a revocable, non-transferable, non-exclusive, limited license and rights during the Term solely for the purpose of Access and use of the Services and Site for internal business purposes and subject to the other terms and conditions of this Agreement.

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4.2 Limitations. Customer shall not, and shall be obligated to manage, its Users and Administrators shall not: (i) sublicense, sell, rent, lease, transfer, transfer, distribute or otherwise commercially exploit the Services or any portion thereof, or make the Services or any portion thereof available to any third party other than Users and Administrators; (ii) modify, make derivative works of, disassemble, reverse compile or reverse engineer the Services or any part thereof, and not build a similar or competing product or service . If credit, debit card or other payment information is available to Customer, Users and/or Administrators during a call, Customer shall not, and shall be obligated to ensure that its Users and Administrators do not use the call recording feature.

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4.3 TbentCall Ownership. Customer acknowledges and agrees that: (i) TbentCall and its affiliates own all right, title and interest in and to all intellectual property rights in the Services and Website and any content therein; (ii) the limited license granted to Customer in Section 4.1 does not convey any express or IMPLIED RIGHTS TO THE SERVICES, EXCEPT THOSE EXPRESSLY GRANTED HEREIN. All rights not expressly granted to Customer are reserved by TbentCall and its licensors. The Services may contain open source software or code, and Customer acknowledges that misuse of the Services may infringe the intellectual property rights of third parties.

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4.4 Customer Data. Customer grants TbentCall and its affiliates a limited, non-exclusive, royalty-free license and right to use, copy, transmit, distribute and store Customer Data to the extent necessary or required by TbentCall to provide and improve the Services to Customer. . TbentCall will disclose or provide Customer Data only to parties who need access to Customer Data in order for TbentCall to provide the Services under this Agreement. Customer also hereby grants TbentCall the right to use and reproduce Customer's name, logo and trademarks for the purpose of identifying Customer as a TbentCall customer on the website and other marketing materials. If Customer does not agree to the use and/or reproduction of Customer's name, logo and/or trademarks to identify Customer as a TbentCall customer